Saurabh Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1459 of 2018 Arising Out of PS.Case No. -49 Year- 2018 Thana -SALIMPUR District- PATNA ===========================================================

1. Saurabh Kumar, S/o Amit Singh,

2. Amar Kumar S/o Late Sarwan Sao,

3. Hari Om Kumar S/o Late Vishwa Nath Sharma,

4. Shivam Kumar S/o Rabin Singh, All Residents of Vill.- Vidhipur, P.S.- Salimpur, District- Patna.

.... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Bipin Kumar, Advocate For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 25-09-2018 Heard learned counsel for the parties.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for anticipatory bail vide order dated 06.04.2018 passed by the learned Special Judge (S.C./S.T. Act)-cumAdditional Sessions Judge-V, Patna, in A.B.P. No.2168 of 2018, arising out of Salimpur Police Station Case No.49 of 2018, registered under Sections 341/323/354/34 of the Indian Penal Code and Sections 3(i)(r)/3(1)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The offences of the Indian Penal Code alleged against the

Patna High Court CR. APP (SJ) No.1459 of 2018 dt.25-09-2018 P2/ appellant are bailable. The occurrence of abuse and assault took place in the background of previous occurrence of quarreling between the children of the two families. The appellants have stated on oath that they have got no criminal antecedent.

Considering the aforesaid facts, let the appellants, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellants shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellants. Accordingly, the impugned order is set aside and the appeal is allowed.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date27.09.2018 Transmission Date 27.09.2018